Mumbai Court November 1925 Judgments
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Fakirgowda Bhimangowda and ors. Vs. Vishnudas Venkatdas
Court: Mumbai
Decided on: Nov-05-1925
Reported in: AIR1926Bom353
Macleod, C.J.1. The plaintiff sued to recover on a promissory note executed by Defendant No. 1 on July 27, 1920 in his favour for Rs. 9,395 found due at the foot of the dealings between the parties and a cash advance of Rs. 235 made on that date.2. Defendant No. 2 was the son of defendant No. 1 living in union with him. In their written statement, the defendants stated that Defendant No. 2 was needlessly made a party, that Defendant No. 1 passed the promissory note sued upon, that Rs. 235 was cash considerate, that an account should be taken as the defendants were agriculturists, that Defendant No. 1 deposited a sum of Rs. 8,500 with the plaintiff after the date of the promissory note, and that the sale proceeds of certain cotton had yet to be accounted for.3. Issues were raised, and, on September 3, 1924, when the suit came on for hearing, Defendant No. 1 was absent and his pleader had no instructions. A decree accordingly was passed for the amount claimed against both defendants.4. T...
Emperor Vs. Tarak Das Gupta
Court: Mumbai
Decided on: Nov-04-1925
Reported in: (1926)28BOMLR99
Fawcett, J.1. The petitioner has been convicted of an offence under Section 509 of the Indian Penal Code, and sentenced to suffer three months' simple imprisonment. The main facts are that he sent by post to the complainant, an English nurse, a letter containing indecent overtures and suggesting that the complainant should take certain action in order to show whether she accepted the terms mentioned in this letter. The complainant went to the Police, and in consequence of what they did, the accused was found to be the person who had sent the letter. He did not dispute this at the trial. The letter is described by the Magistrate as containing the moat lewd and filthy suggestions and showing a wholly vicious and depraved mentality of the writer. In the circumstances, we entirely agree with the Magistrate that an inference arises that the accused intended to insult the in desty of the complainant, who is an unmarried woman, who had no previous acquaintance with the accused, and was not of...
In Re: Ishvarlal Maneklal Trivedi
Court: Mumbai
Decided on: Nov-04-1925
Reported in: AIR1926Bom225
Fawcett, J.1. The complaint of the applicant under Sections 827 and 448 of the Indian Penal Code was dismissed and as it was held by the Magistrate to be false and vexatious, he was called upon, under Section 250 of the Criminal Procedure Code, to show cause why an order of compensation should not be passed against him. In reply, he stated as follows 'My pleader will give a written reply. I am not in a position, to give my reply now.' The learned Magistrate thereupon proceeded to pass an order directing the complainant to pay Rs. 25 as compensation. It has been contended for the applicant by Mr. Thakor that under Section 250 as now amended the complainant had a right to an adjournment to enable him to consult a pleader and to give a written reply, if he chose. We cannot agree with this argument. On the contrary, the procedure prescribed under Section 250 is similar to the procedure prescribed in the case of an accused person in a summons case to show cause under Section 242. The Magist...
Bai Jadav Vs. the Collector of Broach
Court: Mumbai
Decided on: Nov-03-1925
Reported in: (1926)28BOMLR576
Norman Macleod Kt., C.J.1. There were three References filed under the Land Acquisition Act in the Court of the District Judge of Broach, viz., 1 of 1920, 2 of 1921, and 2 of 1922. The land under acquisition lay to the west of the goods-yard outside the Broach railway station. The Broach Jambusar Railway ran through the middle of it. On the south side of that railway parts of Survey Nos. 42, 43 and 44 were acquired and on the north portions of the same survey numbers.2. The Collector valued the land, the subject-matter of Reference No. 1 of 1920, at Rs. 400 an acre, and the land, the subject-matter of References Nos. 8 of 1921 and 2 of 1922, at Rs. 600 an acre. The District Judge considered that the market value of the land in each case was Rs. 500. But in References Nos. 2 of 1921 and 2 of 1922 he allowed further compensation to the claimants on account of severance under' Section 23 (1) (4) of the Land Acquisition Act, with the result that, though he allowed less than the value of th...
Bai Jadav and ors. Vs. Collector of Broach
Court: Mumbai
Decided on: Nov-03-1925
Reported in: AIR1926Bom372
Macleod, C.J.1. There were three References filed under the Land Acquisition, Act in the Court of the District Judge of Broach, viz., 1 of 1920, 2 of 1921, and 2 of 1922. The land under acquisition lay to the west of the goods yard outside the Broach railway station. The Broach Jambusar Railway ran through the middle of it. On the south side of that railway parts of Survey Nos. 42, 43 and 44 were acquired, and on the north portions of the same survey numbers.2. The Collector valued the land, the subject-matter of Reference No. 1 of 1920, at Rs. 400 an acre, and the land, the subject-matter of References Nos. 2 of 1921 and 2 of 1922, at Rs. 600 an acre. The District Judge considered that the market value of the land in each case was Rs. 500. But in References Nos. 2 of 1921 and 2 of 1922 he allowed further compensation to the claimants on account of severance under Section 23(1)(4) of the Land Acquisition Act, with the result that, though he allowed less than the value of the land award...
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